Magistrate rules arrested protesters free to resume CBD disruption

A dozen climate activists who had been banned from further protests in Melbourne's CBD are free to rejoin their peers after a magistrate ruled a key bail condition imposed by police was illegal.

Lawyers for the activists hope the decision in the Melbourne Magistrates Court on Thursday afternoon will encourage other arrested protesters to similarly challenge their conditions and lawfully resume the week-long CBD disruptions organised by the climate action group Extinction Rebellion.

An Extinction Rebellion protester is stopped by police on Thursday.Credit:Jason South

Since Monday, 110 people have been arrested and subsequently bailed by police on the condition they did not rejoin the disruptive action.

But Anthony Kelly, an advisor with Melbourne Activist Legal Support, said the magistrate followed a 1994 Supreme Court precedent in ruling that police could not use bail conditions as an injunction against participation in protests.

Advertisement

"That judgment should hold," Mr Kelly said. "If police wish to remain lawful, they shouldn't be using bail conditions as a form of crowd control."

Police confirmed 12 people charged with intentionally obstructing an emergency service worker refused to sign their bail conditions and four of them challenged police efforts in court.

When the magistrate agreed with their argument and released them on unconditional bail, police decided to also release the remaining eight from their conditions.

This does not mean their charges have been dropped, only that their bail conditions have been removed. It is expected they will all appear at the Magistrates Court at a later date.

The news comes as a boon to the protesters, who kicked off their fifth day of action on Friday morning by blockading the entrance to BHP's global headquarters on Collins Street.

Organisers said Friday's action would be more "subdued" than the city-stopping action of previous days. However about an hour into the blockade, protesters stepped onto the road, blocking cars and trams in both directions.

On the other side of Collins Street, a crowd of people had queued up for ABC radio broadcaster Jon Faine’s final show, snaking across an entire city block.

"We were just deciding which side we should be on," said one Faine fanatic, Ian.

"But I think we definitely should be this side. My personal view is they’re probably doing it to their detriment. I think it’s a nuisance and I think they’ll lose support."

But not everyone on the Faine side was so sure.

"I’m happy for them. I think we should be over there," Shani said.

"It’s good they’re being unpredictable. They’re a small group [today] but they’re still able to make their point."

Demonstrations are again set to disrupt Melbourne's peak-hour traffic on Friday, with an "extinction rave" beginning at 5pm at the protesters' camp in Carlton Gardens before moving through the city.

That will follow a "civil discobedience" dance at 2pm from Carlton Gardens and also moving through the city.

On Saturday, protesters will ditch their clothes for a nude march through the CBD from 10am, although organisers have said participants will be in underwear and body paint.

The demonstrations will wrap up on Sunday with a "family friendly" march from Carlton Gardens to Brunswick Street from 10am, followed by "more disruptive" action some time in the afternoon.

A police warning this week that "vulnerable groups of young people" could join the climate protests and "guerilla tactics" could turn the non-violent action into a threat to public safety has so far failed to materialise.

Reports of ambulances being diverted or slowed have been rejected by Ambulance Victoria.